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(영문) 춘천지방법원 원주지원 2019.07.04 2019고합31
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2019, at around 21:06, the Defendant discovered the victim D (n, 9 years of age) who was fluorous with fluor in C stairs located in Gangwon-gu, and fluorting the stairs. From the back of the victim, the Defendant fluorddd the victim's chest by fluoring the victim's fluor, and continued to fluoring the victim's fluor with his left hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. stenographic records of the F Center and victim video CDs;

1. CCTV image closure photographs;

1. Application of Acts and subordinate statutes to report internal investigation (to hear statements from victimized children and parents;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an order to attend a lecture and to attend a lecture under Article 62 (1) of the Criminal Act;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the same Act (the fact that a defendant has no record of criminal punishment for a sex offense before; (b) the sentence against the defendant; (c) taking courses to treat sexual assault; (d) employment restriction orders; and (e) the fact that the registration of personal information alone appears to have an expected effect on the prevention of recidivism; and (e) the benefits and the effect expected by

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).

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